Illinois Migrant Council v. Pilliod, 75-2019

Citation548 F.2d 715
Decision Date19 January 1977
Docket NumberNo. 75-2019,75-2019
PartiesILLINOIS MIGRANT COUNCIL, etc., et al., Plaintiffs-Appellees, v. Alva L. PILLIOD, etc., et al., Defendants-Appellants. . Reheard In Banc
CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)

Before FAIRCHILD, Chief Judge, and SWYGERT, CUMMINGS, PELL, SPRECHER, TONE, BAUER and WOOD, Circuit Judges.

ORDER UPON REHEARING IN BANC

On consideration of the arguments in banc, Chief Judge Fairchild and Judges Swygert and Cummings vote to affirm. Judges Pell, Sprecher, Tone, and Bauer vote to reverse and completely vacate the injunction of the District Court. Judge Wood votes to reverse in part and vacate paragraph (b) of the preliminary injunction * so that it can be modified to prohibit an agent who does not have a belief, based on specific articulable facts, that a person he wishes to interrogate is illegally in the United States, from detaining that person by force, threat of force, or a command based on the agent's official authority, but not prohibiting the agent from questioning that person, without such detention, concerning his right to be in the United States, if the agent reasonably believes the person to be an alien. He votes to affirm the remainder of the District Court's order.

Since there is a majority to vacate paragraph (b) of the preliminary injunction and remand for modification in the manner favored by Judge Wood, that part of the order of the District Court is reversed and remanded for further proceedings consistent with this order. The remainder of the District Court's order is affirmed by an equally divided court.

* Paragraph (b) of the preliminary injunction prohibits the defendants from

"arresting, detaining, stopping, and interrogating or otherwise interfering with plaintiffs or any person of Mexican ancestry or of a Spanish surname who is, will be or has been lawfully present in the Northern District of Illinois, unless they possess a valid warrant to search or arrest such person, have probable cause to search or arrest such person without such a warrant, or have reasonable suspicion based on specific articulable facts that such person is an alien unlawfully in the United States." 540 F.2d 1062 at 1067.

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38 cases
  • International Ladies' Garment Workers' Union, AFL CIO v. Sureck
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 15 Julio 1982
    ...Migrant Council v. Pilliod, 398 F.Supp. 882 (N.D.Ill.1975), aff'd, 540 F.2d 1062 (7th Cir. 1976), modified as to remedy, 548 F.2d 715 (7th Cir. 1977) (en banc). 10 The instant case contains evidence of similar INS policy of stationing agents at the factory exits and entrances for similar pu......
  • Orantes-Hernandez v. Smith
    • United States
    • U.S. District Court — Central District of California
    • 2 Junio 1982
    ...McGrath, 339 U.S. 33, 70 S.Ct. 445, 94 L.Ed. 616 (1950); Illinois Migrant Council v. Pilliod, 540 F.2d 1062, 1068 n.5, modified, 548 F.2d 715 (7th Cir. 1976); Haitian Refugee Center v. Civiletti, 503 F.Supp. at 470-73. The Court agrees with the defendants that it has no constitutional autho......
  • Illinois Migrant Council v. Pilliod, 74 C 3111
    • United States
    • U.S. District Court — Northern District of Illinois
    • 19 Enero 1982
    ...See Illinois Migrant Council v. Pilliod, 398 F.Supp. 882 (N.D.Ill.1975), aff'd, 540 F.2d 1062 (7th Cir. 1976), modified, 548 F.2d 715 (1977) (en banc). The parties currently have cross motions for summary judgment pending on the issue of the legality of INS's current policies. Also, defenda......
  • Matter of Sandoval
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • 20 Agosto 1979
    ...v. Kiley, 436 F.Supp. 100 (S.D.N.Y.1977); Illinois Migrant Council v. Pilliod, 540 F.2d 1062 (7 Cir.1976), modified en banc, 548 F.2d 715 (7 Cir.1977). These actions also directly impact on the perceived problem, rather than relying on any hope that an officer's conduct will be affected by ......
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